Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

Full Text

1,318 chars

The appeal in Feldman involved the Feldmans' cross-complaint for damages in the unlawful detainer action, by which they asserted seven claims, including a retaliatory eviction claim under section 1942.5, former subdivision (c). ( Feldman , supra , 160 Cal.App.4th at pp. 1475-1476, 1492-1494, 74 Cal.Rptr.3d 1.) On the landlord's anti-SLAPP motion, the trial court struck this claim, and on appeal, our Division Two colleagues affirmed. ( Id. at pp. 1473, 1476, 1498, 74 Cal.Rptr.3d 1.) The panel held, first, in step one of the anti-SLAPP analysis, that the gravamen of the Feldmans' claims was protected conduct ( Feldman , at pp. 1478-1484, 74 Cal.Rptr.3d 1 ), and second, in step two, that none of the claims was likely to succeed, in part because the "Park Lane cross-defendants have produced evidence that Hawkins's statements, the service of the notice to quit and the unlawful detainer action were shielded by the litigation privilege." ( Id . at p. 1491, 74 Cal.Rptr.3d 1.) Although section 47, subdivision (b) was one of the grounds cited for the court's holding on likelihood of success ( Feldman , at pp. 1485, 1491, 74 Cal.Rptr.3d 1 ), *257nowhere in its opinion is any consideration given to whether section 1942.5, former subdivision (c) should be recognized as an exception to the litigation privilege.

Other Sections in This Document (73)

Full Text